Kaplan

Kaplan v. Halter

Good Law
11 F. App'x 741
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-35038; D.C. No. CV-98-01402-JCCCalifornia282 words

Opinion

Lead Opinion

MEMORANDUM

Seeley Kaplan appeals pro se the district court’s judgment affirming the Commissioner of Social Security (“Commissioner”) in his denial of Kaplan’s application for social security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401-33 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order upholding the Commissioner’s denial. See Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We must uphold the Commissioner’s decision if it is supported by substantial evidence and if it is free from legal error. See id. We affirm.

Kaplan’s contention that the Administrative Law Judge (“ALJ”) improperly disregarded some testimony and did not attach enough weight to other testimony is without merit. Because the ALJ found some of the doctors’ findings inconsistent, conelusory, and unsupported by clinical evidence, the ALJ properly provided specific, legitimate reasons for departing from their conclusions. See Bunnell v. Sullivan, 947 F.2d 341, 345 (9th Cir.1991) (en banc).

In addition, because Kaplan could engage in other types of substantial gainful work that exists in the national economy, and…

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